Declaring a Binance account to the French tax authorities involves several forms and depends on a parameter that many taxpayers overlook: the legal entity with which the account is actually opened. Binance operates both through Binance France SAS, registered as a PSAN with the AMF, and through its parent company based abroad. This distinction changes the nature of the reporting obligations, the forms to be filled out, and the risk in case of omission.
Binance France or Binance abroad: compared tax obligations
The starting point for any crypto declaration on Binance is to check whether your account is linked to Binance France SAS or the foreign entity. The tax consequences differ on several points.
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| Criterion | Binance France SAS Account (PSAN) | Foreign Entity Binance Account |
|---|---|---|
| Form 3916-bis | Not required | Mandatory each year |
| Form 2086 | Yes, if taxable disposals | Yes, if taxable disposals |
| Form 2042 C | Yes, to report capital gains | Yes, to report capital gains |
| Penalty for omission of the account | No specific penalty for the account | Penalty per undeclared account |
| Impact of MiCA regulation | No expected changes | The 3916-bis remains required as long as funds are held outside France |
If you opened your account before the PSAN registration of Binance France in 2022, it is likely that your account is linked to the foreign entity. Binance has gradually migrated users to the French entity, but the switch has not been automatic for all accounts.
To find out how to declare a Binance account to the tax authorities, the first step is to check your Binance account settings and verify the contracting entity mentioned in your terms of use.
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Form 3916-bis: declaration of the crypto account abroad
The form 3916-bis is used to declare digital asset accounts held with platforms based outside France. It is an annual obligation, independent of any transactions made on the account. Even an open, unused account with a zero balance must be declared as long as it is not closed.
The information requested on this form is specific:
- The designation of the platform (Binance, with the address of the foreign entity’s headquarters)
- The account number or user ID on the platform
- The date the account was opened and, if applicable, the date of closure
- The indication of account usage during the relevant tax year
Failing to submit this declaration exposes you to a penalty per undeclared account. The risk is even more concrete as the European directive DAC8, which will be implemented gradually, will require platforms to automatically report transactions to the tax authorities of member states.
DAC8 does not eliminate the 3916-bis
A common misconception on forums suggests that the automatic reporting of DAC8 would render manual declaration obsolete. Under current French law, the form 3916-bis remains mandatory even with automatic reporting. The two mechanisms coexist: DAC8 serves for tax control, while the 3916-bis serves for asset identification.
Crypto capital gains and forms 2086 and 2042 C
Declaring the account is one thing. Declaring the gains is another, and it concerns all Binance users, regardless of the entity affiliation.
The form 2086 lists each taxable disposal of digital assets made during the year. A taxable disposal occurs when you convert cryptocurrencies into a legal tender currency (euros, dollars) or when you use them to pay for a good or service.
Crypto-to-crypto exchanges: no taxable disposal
Converting Bitcoin to Ethereum on Binance does not constitute a taxable disposal under French tax law. Only the exit to fiat currency triggers the calculation of capital gains. This rule applies uniformly, whether the account is linked to the French or foreign entity.
The calculation of capital gains is based on a formula that takes into account the overall acquisition price of the entire portfolio, not just the purchase price of the sold token. This “weighted average price” mechanism may surprise taxpayers used to thinking in terms of “entry price / exit price” per token.
Once the capital gains are calculated on form 2086, the net amount is reported on the form 2042 C, in the section dedicated to digital assets. The flat tax applies, unless opting for the progressive income tax scale.
MiCA regulation and PSAN status: what changes for Binance in France
The European MiCA regulation (Regulation (EU) 2023/1114) requires crypto platforms to obtain a “crypto-asset service provider” (CASP) license in a member state to operate within the European Union. Binance France SAS, already registered as a PSAN with the AMF (AMF decision No. 2022-031 of May 4, 2022), will need to evolve towards this European license.
The practical consequence for French taxpayers: as long as the fund custody infrastructure remains outside France, the 3916-bis applies. The MiCA European passport allows a licensed platform in one country to operate throughout the EU, but it does not change the legal location of customer accounts.
Users linked to Binance France SAS do not have to fill out the 3916-bis. However, those whose accounts are still linked to the foreign entity remain subject to this obligation, even after the full implementation of MiCA.
The 2026 declaration campaign concerning 2025 income will begin in April 2026. Checking your Binance account’s entity affiliation now allows you to anticipate the forms to prepare and avoid an omission that could cost much more than the time spent filling out a 3916-bis.